Munna Rampal Singh Patel vs The State Of Maharashtra
2017 Latest Caselaw 8689 Bom

                                                                             25.wp 3369.17.doc

Urmila Ingale

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION
                               CRIMINAL WRIT PETITION NO. 3369 OF 2017

                 Munna Rampal Singh Patel                       .. Petitioner
                      Vs.
                 The State of Maharashtra                       .. Respondent

                 Mr. Prosper D'Souza, for the Petitioner.
                 Mrs.G.P. Mulekar, APP  for State.


                                               CORAM : SMT. V.K.TAHILRAMANI &
                                                              M.S.KARNIK, JJ.

14th NOVEMBER, 2017

ORAL JUDGMENT (PER SMT.

V .K.TAHILRAMANI , J. ) :

1. Heard both sides.

2. The petitioner preferred an application for furlough

on 18/04/2016. As the petitioner wanted to spend his period of

furlough in the State of Uttar Pradesh, police report was called

from there. The police report was not submitted immediately

but it was submitted after much delay. Eventually, after police

report was received, the said application for furlough came to be

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granted by order dated 16/03/2017. The petitioner was

informed to comply with the necessary formalities of submitting

surety bond and to comply with other conditions in the said

order. The petitioner produced the surety bond before the jail

authorities. However, it was not as per format. The said surety

bond was also not accompanied by covering letter from Tahasil

office. Hence, the petitioner was granted some more time to

comply with the necessary formalities.

3. The surety bond papers were sent to Tahasil Office at

Bara, Allahabad in the State of Uttar Pradesh. However, no

reply in relation to that was received by the jail authorities from

Tahasil office. After much correspondence with the Tahasil

office at Bara, jail authorities were informed by communication

dated 20/09/2017 that papers were not received and Tahasil

office at Bara stated that the said papers had gone to other place

i.e. Kaproda in Uttar Pradesh. The said communication was

received by the concerned jail authorities i.e. Nashik Road

Central Prison on 17/10/2017. In the meantime, period for the

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petitioner to comply with the necessary formalities got over. In

view of this fact, jail authorities decided to send surety bond by

E-mail to the Tahasil office at Bara, Allahabad in the State of

Uttar Pradesh.

4. In this view of the matter, period for the petitioner to

comply with the necessary formalities is extended by a period of

2 months from today.

5. Rule is made absolute in the above terms. Office to

communicate this order on urgent basis to the petitioner who is

in Nashik Road Central Prison.

(M.S.KARNIK, J.) (SMT. V.K.TAHILRAMANI, J.)